Michael J. Gerhardt
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Michael J. Gerhardt is the Samuel Ashe Distinguished Professor of Constitutional Law at the
University of North Carolina School of Law The University of North Carolina School of Law (branded as Carolina Law) is the law school of the University of North Carolina at Chapel Hill. Established in 1845, it is one of the oldest law schools in the United States and is the oldest law sch ...
in Chapel Hill. He is also the director of the Center on Law and Government at the
University of North Carolina at Chapel Hill The University of North Carolina at Chapel Hill (UNC, UNC–Chapel Hill, or simply Carolina) is a public university, public research university in Chapel Hill, North Carolina, United States. Chartered in 1789, the university first began enrolli ...
and is an expert on
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
,
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, and the legislative process. He is a Scholar in Residence at the
National Constitution Center The National Constitution Center is a non-profit institution that is devoted to the study of the Constitution of the United States. Located at the Independence Mall (Philadelphia), Independence Mall in Philadelphia, Pennsylvania, the center is a ...
and visiting scholar at the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Carey Law, or Penn Law; previously University of Pennsylvania Law School) is the law school of the University of Pennsylvania, a private Ivy League research university in Phi ...
. On December 2, 2019, it was announced that Gerhardt would testify before the House Judiciary Committee regarding the constitutional grounds for presidential impeachment in the
impeachment inquiry against Donald Trump The inquiry process which preceded the first impeachment of Donald Trump, 45th president of the United States, was initiated by then- House Speaker Nancy Pelosi on September 24, 2019, after a whistleblower alleged that Donald Trump may ...
.


Early life and education

Gerhardt was born in 1956 in
Madison, Wisconsin Madison is the List of capitals in the United States, capital city of the U.S. state of Wisconsin. It is the List of municipalities in Wisconsin by population, second-most populous city in the state, with a population of 269,840 at the 2020 Uni ...
, and grew up in
Mobile, Alabama Mobile ( , ) is a city and the county seat of Mobile County, Alabama, United States. The population was 187,041 at the 2020 United States census, 2020 census. After a successful vote to annex areas west of the city limits in July 2023, Mobil ...
, where he attended UMS-Wright and was ranked second in the state in junior tennis. He is a ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' graduate of
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
(B.A., 1978), attended graduate school at the
London School of Economics The London School of Economics and Political Science (LSE), established in 1895, is a public research university in London, England, and a member institution of the University of London. The school specialises in the social sciences. Founded ...
(M.Sc., 1979), and graduated from the
University of Chicago Law School The University of Chicago Law School is the Law school in the United States, law school of the University of Chicago, a Private university, private research university in Chicago, Illinois. It employs more than 180 full-time and part-time facul ...
(J.D., 1982). Gerhardt is
Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
. Gerhardt served as a clerk for Chief Judge Robert McRae of the
United States District Court for the Western District of Tennessee The United States District Court for the Western District of Tennessee (in case citations, W.D. Tenn.) is the federal district court covering the western part of the state of Tennessee. Appeals from the Western District of Tennessee are taken to ...
(1982–1983) and Judge Gilbert Merritt of the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
from 1983 to 1984. After his clerkships, he served as deputy media director of
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American former politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. He previously served as ...
’s Senate campaign. Gerhardt then worked for two law firms in Washington, D.C., and Atlanta.


Career

Gerhardt joined the UNC law faculty in 2005. Prior to UNC, Gerhardt worked at Wake Forest School of Law and
William & Mary Law School William & Mary Law School, formally the Marshall-Wythe School of Law, is the law school of the College of William & Mary, a public research university in Williamsburg, Virginia. It is the oldest extant law school in the United States, having be ...
, served as dean of the Law School at
Case Western Reserve Case Western Reserve University (CWRU) is a private research university in Cleveland, Ohio, United States. It was established in 1967 by a merger between Western Reserve University and the Case Institute of Technology. Case Western Reserve Univ ...
, and had been a visiting professor at Duke and Cornell Law Schools. Gerhardt is the author of several books regarding constitutional law and history, including ''The Power of Precedent.'' His most recent book is ''The Forgotten Presidents: Their Untold Constitutional Legacy'', published in April 2013 by
Oxford University Press Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...
. Gerhardt has assisted members of Congress and the White House on a range of various constitutional issues, beginning with drafting the judicial selection policy for the transition of
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
into office. Gerhardt then worked with the National Commission on Judicial Discipline and Removal. He has testified several times before the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
, including as the only joint witness in the 1998 hearing on the history of U.S. impeachment, during the consideration of the impeachment of President Bill Clinton. Also, he was one of only two legal scholars to testify against the constitutionality of the
Line Item Veto Act of 1996 The Line Item Veto Act was a federal law of the United States that granted the president the power to line-item veto budget bills passed by Congress. It was signed into law on April 9, 1996, but its effect was brief since it was ruled unconstit ...
, which the Supreme Court struck down in ''
Clinton v. City of New York ''Clinton v. City of New York'', 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as implemented in the Line Item Veto Act of 1996, violated the Pr ...
''. In 2009, he testified as an expert before the select House committee considering whether to impeach Judge
Thomas Porteous Gabriel Thomas Porteous Jr. (December 15, 1946 – November 14, 2021) was a United States district judge of the United States District Court for the Eastern District of Louisiana. He served for sixteen years before being impeached and remove ...
. He also has testified before the Senate regarding the constitutionality of
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
ing. Gerhardt has worked and testified in Senate confirmation proceedings for Supreme Court Justices, beginning in 1994 when he counseled the White House regarding Associate Justice
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
's confirmation hearings. In 2005, he consulted with senators on the
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
nomination as Chief Justice of the United States. Gerhardt then served as a witness in the Senate Judiciary Committee's hearings on the nomination of
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court ...
, to become an associate justice of the Supreme Court. Along with Professor
Laurence Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar known for his studies of United States constitutional law. Tribe was a professor at Harvard Law School from 1968 until his retirement in 2020. He currently holds the posit ...
of
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, he is the only legal scholar to have been invited to testify in both the 1998 impeachment proceedings against President Clinton and the confirmation hearings for Associate Justice Alito. He also acted as Special Counsel to Senator Patrick Leahy regarding the nominations of
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
and
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. In 2012, Gerhardt testified again before the
House Committee on Oversight and Government Reform The Committee on Oversight and Government Reform is the main investigative committee of the United States House of Representatives. The committee's broad jurisdiction and legislative authority make it one of the most influential and powerful pan ...
. In the 2021
Second impeachment trial of Donald Trump The second impeachment trial of Donald Trump, the 45th president of the United States (in office from 2017 to 2021), began on February 9, 2021, and concluded with his acquittal on February 13. Donald Trump had been Second impeachment of Dona ...
, Gerhardt served as special counsel to the presiding officer
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
. Gerhardt is interviewed frequently by many news outlets, including
National Public Radio National Public Radio (NPR) is an American public broadcasting organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It serves as a national Radio syndication, syndicator to a network of more ...
, as an expert on constitutional law and issues.


Personal life

Gerhardt is married to Deborah Gerhardt, who teaches contracts, copyright, and trademark law at the
University of North Carolina School of Law The University of North Carolina School of Law (branded as Carolina Law) is the law school of the University of North Carolina at Chapel Hill. Established in 1845, it is one of the oldest law schools in the United States and is the oldest law sch ...
. They have three children together – Benjamin, Daniel, and Noah Gerhardt.


References


External links

*http://www.law.unc.edu/faculty/directory/gerhardtmichaelj/ * {{DEFAULTSORT:Gerhardt, Michael 1956 births Living people American lawyers Alumni of the London School of Economics University of Chicago Law School alumni University of North Carolina School of Law faculty Yale University alumni 21st-century American Jews